What are the different checks that may be carried out by the administration?

Individual hearings

The partners or future spouses may be interviewed separately at the municipality about:

• How they met
• Their daily life
• Their knowledge of each other

Neighbourhood inquiry

A local police officer may be tasked with verifying whether the couple actually lives together. Residence checks are also possible.

Possible postponement of the ceremony

The administration may:

• Postpone the marriage ceremony or the registration of the legal cohabitation by 2 months
• Extend to 5 months if the Public Prosecutor’s Office is involved

During this period, hearings by the federal police may also take place.

Refusal decisions and possible appeals

Refusal by the civil registrar

If doubts persist, the civil registrar may:

• Refuse the marriage ceremony
• Refuse the registration of the legal cohabitation

The decision must be reasoned and may be subject to an appeal.

Appeal before the Court

In case of refusal, the partners may lodge an appeal with the Court of First Instance.

Good to know If no decision is taken within 5 months, the marriage or cohabitation must be recorded by the administration.

Subsequent annulment by the Court

Even after the marriage ceremony or the registration of the cohabitation, an annulment remains possible if the relationship is deemed fictitious.

Judicial annulment

The Family Court may annul:

• A sham legal cohabitation
• A simulated marriage

The annulment has retroactive effect: the marriage or cohabitation is considered as never having existed.

Consequences for the residence permit

The foreign spouse or partner may:

• Receive an order to leave the territory within 30 days
• Permanently lose their residence permit